Migrant workers in New Zealand

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Te Whanganui a- Tara – Wellington

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Human Rights Commission InfoLine

0800 496 877 (toll free)
Language Line (an interpreting service)
is available on request
TTY (teletypewriter): 0800 150 111
Fax: 64 9 377 3593 (Attn: InfoLine)
www.hrc.co.nz
PHOTOGRAPHY CHLOE HASTINGS
DESIGN VERTIGO
© HUMAN RIGHTS COMMISSION 2008
ISBN NO: 978-0-478-32904-9
ISBN NO: 978-0-478-32905-6 (PDF version)
BRAIN
GAIN
Migrant workers in New Zealand

CONTENTS

BRAIN GAIN: MIGRANT WORKERS

IN NEW ZEALAND 2
WORK AND INCOME
Helping to build a diverse community 6
Meeting cultural needs 7
OMEGA
Spotting opportunities 10
Mentoring reaps rewards 12
HOSPITALITY
Overcoming recruitment and retention problems 16
DAIRYING
Migrants help sustain the dairy industry 20
Down on the farm 22
BAKERY
Productivity is a migrant employment issue 26
Rising to the challenge 28
MIGRANT PROJECT
Changing attitudes 32
ACCOUNTING
Migrants offer competitive advantage 36
Adding up the benefits 37
LOCAL GOVERNMENT
The business of migrant employment 40
Absolutely positively 42
COMMUNICATIONS
“I was wondering whether…” 46
USEFUL INFORMATION
Pre-employment guidelines 49
Some useful websites 57
 Brain gain: migrant
workers in New Zealand
W
ork is arguably the single most
important element in the integration
of immigrants to New Zealand. Work
is about income, about individual fulfilment,
about identity and about social inclusion and
cohesion. Amazingly, though, many migrants
find it hard to access decent employment
despite years of experience and qualifications
recognised elsewhere.
Migrant workers in different occupations and
working in different regions of New Zealand
tell their stories in this report published by
- dramatically since 2002.
the Human Rights Commission, Te Kahui
Tika Tangata. They tell stories of adjustment,
of change, of achievement and of courage.
Employers of migrant workers also tell
their stories about what motivated them
to hire migrant and refugee employees
and the benefits they bring to business
and organisational life. Their stories show
that migrant workers are very often critical to
growth, business sustainability and productivity.
The report is timely. Both business
representatives and migrant communities
indicated at an employment symposium forum
held in Auckland in 2007 that there was a need
to promote positive stories about migrant
employment. These stories could persuade
Office of Ethnic Affairs (2007) Employment Symposium – Acting for Change.
1
2
Department of Labour (2007) Fiscal Impacts of Immigration 2005/06
http://www.dol.govt.nz/PDFs fiscal-impacts-of-immigration-2005-06.pdf
2
other potential employers of the benefits
of migrant employees to fill labour and skills
shortages and that diverse workforces are
valuable in themselves.1
There is no doubt that immigration is good
for New Zealand. The 2006 Census showed
that New Zealand’s migrant population was
927,000 people. Research undertaken for the
Department of Labour shows a positive fiscal
impact of immigration estimated at $3,288
million in the year ended 30 June 2006,
a positive fiscal impact that has increased
Migrants contributed $8,101 million through
income taxes, GST and excise duties.
Expenditure on the migrant population
through education, health, benefits and
allowances and superannuation was $4,813
million. The New Zealand-born population
of 3.1 million people had a lower net fiscal
impact of $2,838 million.2
A recent OECD report said the integration
of immigrants is not only a national issue but a
local one, because migrants ultimately need to
settle in a local community and find their place
in a local labour market. The OECD report
says that locally employers are perhaps the
most important of all stakeholders. But while
making employment decisions about migrants
“employers do not have recourse
This report also provides advice for both
to the usual sources of information (on
employers and migrant job-seekers about
education background, previous local work
accessing employment, including the
performance) which guide them in choosing
pre-employment area and its relation to the
the right employee”.3
Human Rights Act 1993, which aims to prevent
A number of local initiatives acknowledge that discrimination on the grounds of race and
migrant employment is different and requires ethnic or national origins. A list of migrant
different recruitment approaches. This report employment resources is included for reference.
promotes several of the local initiatives in
New Zealand that ensure employers I would like to thank all the employers and
can quickly see the potential offered by agencies who agreed to speak about their
immigrants. These initiatives include work activities. Moana Eruera, Senior EEO Advisor
experience programmes such as that run at the Human Rights Commission, conducted
by the Wellington City Council, as well as the interviews and wrote the profiles. I would
the private sector placement and case particularly like to thank the migrants who
management approach of the Canterbury told us their stories. As New Zealand migrant
Employers’ Chamber of Commerce’s researcher Edwina Pio reminds us, migrant
migrant employment project and the newer sustainability is not an art or a science but
Omega programme in Auckland. The latter a culture of learning and mutual respect.5
is supported by some of the country’s big
business and funded by the Tindall Foundation.
A New Zealand Immigration Service study
shows that migrants from Asia are more likely
than those from Europe, South Africa and the
Pacific to experience discrimination, particularly
when they are looking for work.4 The same
research showed an occupational mismatch for
Judy McGregor
about a third of migrants, mostly those who had
EQUAL EMPLOYMENT OPPORTUNITIES COMMISSIONER
previously worked in professional, managerial –
KAIHAUTU ORITENGA MAHI
or technical occupations. June 2008

OECD (2006) From Immigration to Integration – Local Solutions to a Global Challenge.

3 Pio, E. (2008) Sari – Indian Women at Work in New Zealand. Wellington:
5

Dunstan, S., Boyd. S. & Crichton, S. (2004) Migrants’ Experiences of New Zealand.
4 Dunmore Publishing Ltd.
Wellington: New Zealand Immigration Service.

3
4
Work and Income

Helping to build a diverse community

Meeting cultural needs

5
 Helping to build
a diverse community
S
omali-born Abdi Omar, who is a Work
and Income case manager, wants to
lead by example. “I see myself as a role
model for the younger Somali generations
coming through, which I’m really proud of.
People say they are really happy that I am
doing such a wonderful job,” he says.
In 2005 Abdi started work at the Mt Albert
Work and Income Service Centre through its
cadetship scheme, which he heard about while
volunteering on the Family and Community
Services’ “Settling In” programme. Mt Albert
is a mixed socio-economic area and home
to a vast range of ethnic groups.
Jenny Janif, Project Manager at Family and
Community Services, spotted his leadership
potential and encouraged him to apply for
6 WORK AND INCOME OMEGA
the cadetship scheme, which is designed
for those keen to develop a career
in community support.
The scheme reflects the Ministry of Social
Development’s recruitment principles of
valuing diversity and building a people profile
that reflects its communities and clients.
Abdi was accepted into the scheme and
graduated in 2007, earning NZQA Public
Service level 4 and 5 qualifications. Abdi
is proud of his role as a case manager. “My
colleagues have been very helpful. I really
like working at Work and Income,” he says.
Abdi’s assimilation into New Zealand life
has been a mixed and enjoyable experience.
In 1994 his family came to New Zealand
as Somali refugees and spent a short time
at the Mangere Refugee Centre before
integration into the community.
Since then, Abdi has attended Mt Roskill
Intermediate and Mt Roskill Grammar Schools,
studied Business at the Auckland University
of Technology, and is now a qualified case
manager. “I consider myself a Kiwi,” he says.
“New Zealand is my second home and I feel
comfortable here.”
HOSPITALITY DAIRYING
Meeting cultural needs
“We enjoy learning about each
other, sharing experiences
and we have great pot-luck
morning teas.”
Kerry Te Haara-Faleolo, Abdi’s manager,
says that Abdi’s acceptance into the
cadetship scheme recognised his community
involvement, initiative and ability to
communicate with a wide range of people.
“Prior work experience is not necessarily
what we look for when selecting cadets.
We’re looking for work within their community
and especially for people with a leadership
quality,” says Kerry who is Work and Income’s
Mount Albert Service Centre Manager.
Staff from diverse backgrounds bring
a richness to the workplace and an
understanding that reflects the community.
Kerry says her staff composition is very close
to that of the Mt Albert population and they
BAKERY MIGRANT PROJECT ACCOUNTING
have no trouble recruiting. “We enjoy
learning about each other, sharing
experiences and we have great pot-luck
morning teas,” she says with a smile.
Accommodating the needs of a culturally
diverse staff can be done unobtrusively.
“Being flexible is important,” says Kerry.
Every Friday, Abdi takes his lunch break
late so he can pray at the local mosque.
Kerry’s advice to other employers when
thinking about migrant and refugee staff is:
“With all staff there is an element of building
a relationship and being patient. Migrant
and refugee staff help through their
language skills and ability to interface
with client communities.”
LOCAL GOVERNMENT COMMUNICATIONS 7
8
OMEGA

Spotting Opportunities

Mentoring reaps rewards

9
 Spotting opportunities

E
mployers are behind the new initiative
for skilled migrants in Auckland where
almost half of new migrants live.
Justin Treagus, Programme Director of Omega,
believes changing the attitudes and business
practice of Auckland employers around
migrant employment is essential for
New Zealand’s economic future.
Omega is an initiative of the Committee
for Auckland with funding from the Tindall
Foundation and supported by over 30 big
businesses including firms such as Deloitte,
Vodafone, Fonterra, BNZ, Fulton Hogan and
Simpson Grierson. It offers migrant internship
programmes, a mentoring programme and
runs an inter-Government relations group
designed to inform and be informed of
government initiatives.
In Justin’s view, Omega works for business
and celebrates best business practice and
good initiatives. “Relentless incrementalism”
is the key to working with businesses to find
solutions that become best practice models
for labour market integration, he says.
“Businesses are already seeing the benefits
of having a diverse workforce,” Justin says.
“Migrants are a resource that are bringing
different ideas and different ways of working
to an employer. This is a strength for any
organisation. It is about effective integration
into the labour market”
So far 15 people have joined Omega’s
mentoring programme and are being helped
by staff from around 30 companies. The
mentoring programme runs for 16 weeks
and is putting migrants in touch with people
who have similar skills sets. “The key is for
the mentor to help the migrant with local
knowledge and access to networks”, says
Justin. “They can help with refining a migrant’s
CV showing them what works here and what

10 WORK AND INCOME OMEGA HOSPITALITY DAIRYING

“Migrants are a resource that are bringing different
ideas and different ways of working to an employer.
This is a strength for any organisation. It is about
effective integration into the labour market.”

doesn’t.” Mentors support their migrant job
seekers and help them with interview skills,
New Zealand methods of job search and
where possible introduce them to professional
networks. “Orientation is provided for mentors
including provision of a toolkit and guide about
what it means to be a mentor”, says Justin.
The Omega initiative is based on a similar
scheme successfully run in Canada. The
Toronto Region Immigrant Employment
Council has helped over a thousand migrant
workers into jobs since its inception in 2003.
“The Canadians have done quite a lot of
research on migrant discrimination and have
estimated that the cost of under-employment
of migrants costs the country about C$3 billion
to C$5 billion ($3.7 billion to $6.2 billion) a
year”, says Justin. New Zealand appears to
have no corresponding statistics, something
that Justin intends to remedy.
One of the major barriers for migrants seeking
work is the fabled lack of Kiwi work experience,
an impediment that is also the number one
barrier for migrant job seekers in Canada.
“Omega’s response is a paid internship
solution which removes the risk of hiring
people with no local experience whilst giving
a migrant valuable local work experience”,
Justin says.
Omega has plans to develop but wants to walk
before it runs. “This year is about getting
the model right,” he says. There are probably
thousands of migrants that will be helped
by Omega. The next steps will be to develop
capability to meet that level of demand.
“Once Omega has gained traction it hopes
to provide self-help kits to smaller companies
and help drive change and have employers
feel more comfortable about taking on
migrants”, says Justin.

BAKERY MIGRANT PROJECT ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 11

 Mentoring reaps rewards
N
azima Rangwala (left) is an
Omega success story after
gaining employment within
weeks of joining its mentor programme.
Originally from India, Nazima came to
New Zealand with textile qualifications and
marketing work experience. She has been
in New Zealand for one year after travelling
with her husband and having a break from
employment for 6 years to raise a family. She
heard about Omega from the Auckland Refugee
and Migrant Services (ARMS) and successfully
applied for the mentoring programme.
Nazima’s mentor, Voichi Judele, a migrant
herself from Romania, has been instrumental
in helping secure Nazima a full-time position
in her company, URS. “Omega approached
URS to participate in the programme
and the company supports the idea of
immigrants in its workplace”, says Voichi.
12 WORK AND INCOME OMEGA HOSPITALITY
“I noticed Nazima was a good candidate.
She had a good attitude and asked lots of
questions. At the time there was a position
where URS needed someone who could work
with senior managers and who had office
administration experience. I encouraged
Nazima to apply for the role”, says Voichi.
Both Nazima and Voichi agree that the
programme has been beneficial for them.
“I would like to do something for the
community” says Nazima, as she
considers becoming a mentor herself.
Voichi says “as a mentor I have gained
satisfaction from this success story,
passing on my own experiences as a
migrant seeking employment. I have
been through the same thing myself.
It has been a great personal achievement”.
DAIRYING
BAKERY MIGRANT PROJECT ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 13
14
Hospitality

Overcoming recruitment and retention problems

15
 Overcoming recruitment
and retention problems
R
ydges Hotel employs 125 staff at
its Auckland central location and,
“accommodating the individual
needs of staff is critical for recruitment
and retention”, says Executive Assistant
Manager Justin Higgins.
Justin urges others to “explore your options
when considering migrants or refugees as
staff. Our doors are open for more migrant
employees. My advice to other employers
would be to make the accommodation for
staff and you will get back what you put in.
Having staff from such diverse cultures
brings a richness to the workplace,” he says.
Executive Housekeeper, Deborah Hunt, leads
a multi-national housekeeping team of 35.
“We have staff from China, Indonesia, Korea,
the Pacific Islands, South America, Somalia
and from all over,” she says.
16 WORK AND INCOME OMEGA
“Be open and work with other
cultures and communities,
because most of the time
you can make things work.
Give it a go.”
“Currently I employ two young Muslim women
and one Muslim man. The two Muslim women
have been with us for over a year.”
Rydges has worked with the Auckland Migrant
Refugee Service (ARMS) to accommodate the
particular needs of Muslim women employees
and their dress standard to meet their religion.
“We had just changed our uniforms and were
going for new trousers and blouses,” says
Deborah. “ARMS had asked me whether or
not long sleeve uniforms could be made. I had
some made up and showed them to the female
Muslim candidates, who in turn got approval
from their families. They would also wear black
scarves or scarves that match the uniform;
I had no problem with that.”
Rydges has made other concessions to meet
the needs of its Muslim staff. Observing
prayer time means that some staff have lunch
HOSPITALITY DAIRYING
later, when the canteen is quiet and they can
pray. Others will use a check out room to
pray in private. One staff member says he is
unavailable for 10 minutes and finds a private
prayer space. “I have no problem with this
at all,” says Deborah.
Deborah makes sure her staff tell her when
they need time off to observe special days.
During Ramadan, when staff are fasting,
she is mindful of their health and wellbeing.
Deborah encourages her staff to speak their
own language, though insists that on the
hotel floors where they work that staff speak
in English, particularly with guests present.
Otherwise they are free to speak their own
language, which has proved helpful for
translating with overseas guests from
time to time.
BAKERY MIGRANT PROJECT
Both Deborah and Justin are keen to see
their staff develop a career in hospitality.
Rydges staff receive point-by-point training
which allows them to accumulate NZQA unit
standards and move towards receiving a
hospitality qualification.
“Housekeeping is a great place to start
because it’s a big department, you get to
learn about all of the rooms, you have contact
with the guests and have contact with all
departments. If you want to move on to
reception work, you’ve had the housekeeping
experience and know all the facilities in the
rooms,” Deborah says.
Deborah and Justin are keen to encourage
other employers to give migrant and refugee
staff a go. “Be open and work with other
cultures and communities, because most
of the time you can make things work.
Give it a go,” Deborah says.
ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 17
18
Dairying

Migrants help sustain the dairy industry

Down on the farm

19
 Migrants help sustain
the dairy industry
R
akaia dairy farmers Catrina and
Brendon Dolan say the migrants they
have employed have been “extremely
good workers”.
Over the past nine years the Dolans have
employed migrants from Romania, the
Philippines, Egypt, Morocco, South Africa
and England. The Dolans believe that without
migrant workers the dairy industry would suffer.
Recent reports indicate that 3,000 workers
are needed to fill the gap created by the rapid
expansion in the dairy industry. “There are
about 40 farm conversions to dairying in
mid-Canterbury alone,” says Catrina.
Catrina identifies a number of the benefits
of migrant labour. “We really respect what
they are doing. They come to New Zealand
to have a better life and often without their
families. They’re here because they want to be.
They’re always smiling, on time, polite and very
20 WORK AND INCOME OMEGA HOSPITALITY
“Talk to your prospective
employees first and have a
good training system in place
when they first arrive.”
thankful. They are very dependable.” Brendon
echoes these sentiments. “Ninety-nine percent
of the time migrants are reliable, you can
guarantee they’ll always be there and they
turn up in a state fit for milking.”
The Dolans, like many dairy employers, engage
the help of a professional agency to help find
workers. “Normally they come with a two-year
work permit and once they have residency
they have a tendency to leave, which is a
normal thing. They tend to move away from
the dairy industry. So you know you’ve got
them for at least two years” she says.
With a marketing degree, diploma in human
resources and previous business experience,
Catrina manages the employment process.
“Before we employ migrants, we telephone
them in their home country so we can have
a conversation and see whether their English
is at a level that we can understand them.
DAIRYING
We also email them. The English barrier
is difficult on both sides,” she says. Health
and safety issues in milking sheds require
a basic level .
Catrina says the agency she works with
provides up-to-date information on
Immigration Service regulations and her
lawyer reviews her workers’ employment
contracts annually. Federated Farmers send
out regular newsletters and the Dolans receive
annual salary advice from their farm advisor.
Catrina and Brendon would like to see
immigration policy streamlined to help
dairy farmers manage migrant labour
more efficiently and effectively.
Accommodating religious observances during
Ramadan can be a challenge on a dairy farm.
Not eating or drinking during daylight hours
while doing a full day’s physical work leaves
workers “exhausted”, says Brendon. Asking
prospective employees prior to employment
about any religious observances they have
helps employers to better accommodate those
needs, says Catrina. “We and other staff are
flexible about giving people days off when
needed,” she says.
Other less obvious challenges include workers
arriving without any idea about how to use the
telephone, drive, or even what clothes to wear.
Brendon recalls lending a Swanndri to one of
BAKERY MIGRANT PROJECT
his workers who arrived in cool Canterbury
weather with no winter clothing.
The Dolans are appreciative of the migrants
they have employed over the years. “Overseas
workers want to work, they want to learn,” says
Catrina. Armando, a current employee from
the Philippines, “is an excellent worker, he is so
appreciative,” she says. “He’s just gorgeous.” In
comparison, Catrina and Brendon believe that
a lot of New Zealanders do not want to work
in the dairy industry. “It’s too hard,” they say.
The Dolans run a family-oriented farm. Two
Romanians currently employed are about to
bring their children and mother to New Zealand
to live with them. Another current worker from
the Philippines will have his wife and child join
him on the farm shortly. The Dolans have a
total of nine houses in which to accommodate
their employees, and the houses are “all set
up when they get here,” says Catrina.
Catrina and Brendon represent good
employment practice at a time when the media
are highlighting poor employment practices
by some dairy farms. “You hear some negative
stories,” says Brendon.
Catrina and Brendon’s advice to other dairy
farmers looking to employ migrant workers
is “talk to your prospective employees first
and have a good training system in place
when they first arrive.”
ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 21
 Down on the farm
A
rmando Morales came to New Zealand
from the Philippines in search of
better employment opportunities.
He practised as a bovine veterinarian in the
Filipino dairy industry, which in comparison
to New Zealand is small with only 30,000
stock in total.
Like other Filipinos, Armando applied for
New Zealand positions through a professional
employment agency in the Philippines and
obtained a two-year work visa. His first
application was to Catrina and Brendon
Dolan in Rakaia.
“I am very happy here. I feel at home like
a member of the family.” Enjoying his work
and feeling as though he is part of a big
family are both highly motivating and
satisfying for Armando.
22 WORK AND INCOME OMEGA
The challenges that Armando faced when
arriving on the farm included new farm
equipment and in particular different tractors
from those he was used to in the Philippines.
Future challenges for Armando include
fencing, irrigation systems and operating
and maintenance of farm equipment.
Outside of work, Armando has joined the
Filipino Dairy Workers’ Society in Ashburton.
Established a year ago, the Society has 70
members and meets every last Saturday of the
month. Members discuss work-related issues,
problems and news, and socialise together
including a basketball tournament that was
reported in the local press.
Armando’s wife, and his two children aged
eight and six, have now joined him on the farm.
His wife, who is also a veterinarian, hopes
to be able to work on a farm locally as well.
HOSPITALITY DAIRYING
Gabriela Cvasniuc, from Romania, is shed
manager on the Dolans’ farm. Her husband
also works in the milking shed.

Prior to working for the Dolans, Gabriela

experienced poor employment practice while
working in Southland. “The conditions are very
good and the money and opportunities are
much better here,” she says.

The Dolans have nine workers’ dwellings

on their property. Gabriela is happy to have
a three-bedroom house with everything in it
before she and her husband return to Romania
to collect their children and mother. “This is
a family farm,” she says.

Gabriela is thankful for her new employment

conditions and finds her employers to be
“very hospitable. I am very happy and
better off in New Zealand.”

BAKERY MIGRANT PROJECT ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 23

24
Bakery

Productivity is a migrant employment issue

Rising to the challenge

25
 Productivity is a migrant
employment issue
S
outh Island bakery chain Coupland’s
“would be lost without migrant
workers,” says General Manager,
Karel Adriaens.
Karel says he’s employed migrant workers
for many years and in general has had only
positive experiences. “Migrants are more
committed and dedicated and want to get
involved because they come into the work
environment already at a disadvantage.”
Coupland’s is split into predominantly two areas,
manufacturing and retail. With a total staff of
around 350, Karel says he employs about 20%
migrant staff, mainly in manufacturing. About
half of these, he says, have come from the
Canterbury Employers’ Chamber of Commerce
Migrant Employment Project.
“We have employed Afghanis, Pakistanis,
Indians, Chinese, Iranians, Pacific peoples
and others,” says Karel. “Most have had no
experience in our sector, but come with a
26 WORK AND INCOME OMEGA
whole lot of other skills that complement what
we are doing.”
Karel is a Kiwi born in New Zealand with Dutch
ancestry. His father came to the South Island
as a wool buyer. Karel believes the migrant
working situation has improved significantly
in New Zealand from the days when he was
taunted at school for being an immigrant.
“This is the best time in the last 30 years to
allow migrants acceptance into the workplace
because of the shortage of labour”.
Migrant workers not only help industry
through their employment, but their diversity
rubs off on co-workers. “I think it encourages
an interest in different cultures and an
understanding of the way people live in other
countries. I think the major approach of the
majority of our staff has been quite positive.
As a consequence, our local staff have
become more inquisitive and interested about
other cultures, and have been able to talk to
migrants about aspects of this.”
HOSPITALITY DAIRYING
Karel believes that fears of limited English
language proficiency inhibit some other
employers. “I think other employers fear that
migrants don’t understand English, are hard
to train and wonder how their current staff
are going to accept them.”
Improving English language skills is a key
ingredient to improving migrant workers’
prospects at Coupland’s. “English is imperative
when you are working in a production facility
such as this, dealing with machinery and
potential health and safety risks. We have a
training structure here that all our staff go
through, involving basic food hygiene, food
safety, personal hygiene and safety. If workers
can’t understand and communicate adequately
in English then it makes it very difficult to
progress in our business.”
Another fear employers have is how migrants
are going to fit in with their New Zealand staff
and how to avoid racial discrimination. “This
needs to be led from the top, it needs to be
made known that a certain type of behaviour
is totally unacceptable and needs to be dealt
with sternly. When you get that drive from
the top you knock it on the head straight
away. That helps to provide a level of trust
and support with your migrant workers.”
At Coupland’s, another way to avoid the risk
of racial disharmony is the involvement of
other workers with new employees. “We have
a buddy system, where new migrant workers
have someone that they can easily relate
BAKERY MIGRANT PROJECT ACCOUNTING
to and they very quickly find someone who
speaks the same language,” says Karel.
“All this is paid back by the commitment,
dedication and the good work of migrant
workers,” he says. “They are here because
they want to be here, because they need
stability. They come to us with appreciation
rather than expectation and that is a major
positive in the working environment. I believe
that the majority of migrant workers have
a very good work ethic.”
Accommodating different religious and cultural
beliefs is also part of Coupland’s philosophy.
“We know that we will need to provide a prayer
room shortly,” says Karel, and he is focused
on seeing that happen.
Accommodating different languages between
staff at work is encouraged where it does not
compromise health and safety. Staff will speak
different languages and Karel has learnt
a few words of each language, which makes
his migrant workers feel more comfortable.
When encouraging other employers to look
at migrants as potential employees, Karel
says “Take the rose-tinted glasses off, give
it a go and you won’t regret it.” He is
enthusiastic about the placement scheme
run by the Canterbury Employers’ Chamber
of Commerce. “This scheme is a fantastic
entry point for migrants getting into the
workforce. The service is genuine and
it’s top class.”
LOCAL GOVERNMENT COMMUNICATIONS 27
 Rising to the challenge
W
ahid Yosofi joined the Coupland’s
staff three years ago. From
Afghanistan, Wahid was sponsored
by his older brother, who came to New Zealand
as a Tampa refugee.
He used to work in a small bakery while
studying English in Pakistan, and in
Afghanistan helped his father with his
jewellery business. He came to New Zealand
because “it wasn’t safe in Afghanistan”.
“I started work here after two months being
in New Zealand. I got my job through the
Canterbury Employers’ Chamber of Commerce
Migrant Employment Project,” says Wahid.
“I like working here because the people are
good, really nice and friendly and I am happy
with what I am doing. The best thing about
working here is the nice clean environment,
friendly people and there is a good future.
28 WORK AND INCOME OMEGA HOSPITALITY
I am doing my apprenticeship for baking
sponsored by Coupland’s. I still have another
two years to go.”
After finishing his apprenticeship, he wishes
to remain at Coupland’s. “As long as I’m happy
I will keep coming to the same place.”
“When I first started it was a real challenge
to communicate, and I didn’t have any work
experience in a big factory. But with the
help of friendly people I started to catch up.
I found it really hard, but after a few months
it was good.”
Hiralben Patel had no previous work experience
before immigrating to New Zealand with her
husband nine years ago. In India she had
stayed at home. After several weeks working
in a Christchurch supermarket, Hiralben
walked into Coupland’s seeking a job.
DAIRYING
“If you have a good attitude and want to work,
then work is available,” she says.
Now she has completed three–quarters of the
Coupland’s on-the-job training programme and
has trained in nearly every area except some
of the pre-line manufacturing. Completion
of the training programme sees more money
in her pay packet.
“There are lots of migrants and it is a good
environment. I’m very happy here.”
Hiralben has a one-and-a-half-year-old son,
Khush, whose name means “happy”. She says
supervisors and managers at Coupland’s are
supportive of family needs. She works four
days, from Wednesday to Saturday, and
works 40-45 hours a week.
BAKERY MIGRANT PROJECT
Recently Hiralben had to return home to
India at short notice for family reasons and
Coupland’s accommodated her need for leave.
Part of a big Indian community of about
500 families living in Christchurch, her family
has bought a house in the suburb of Hei Hei.
“New Zealand is a very nice country to live
in,” she says.
“I like working here because the
people are good, really nice and
friendly and I am happy with
what I am doing. The best thing
about working here is the nice
clean environment, friendly
people and there is a good future.”
ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 29
30
Migrant Project

Changing attitudes

31
 Changing attitudes
S
ignificant changes in employers’
attitudes have occurred since the start
of a Canterbury migrant employment
project six years ago. That’s the view of the
Canterbury Employers’ Chamber of Commerce
(CECC) migrant employment coordinator,
Jude Ryan-O’Dea.
“When I started in this role, employing
migrants and refugees was a bit of an unknown
and employers were hesitant. But with the
realities of the labour and skills shortage and
with the realisation that migrants and refugees
can bring value to the workplace, there has
been a shift in attitudes.”
The CECC migrant employment project has
placed over 500 migrants and refugees since
it began in 2003. Marketing it to the CECC’s
extensive employer database of 4,000 over
the past six years has helped to break down
32 WORK AND INCOME OMEGA HOSPITALITY
“I think it is fear of the unknown
with many employers who have
never had exposure to employing
a migrant. Once they realise
what they have to offer, it is
quite different.”
barriers and misconceptions that many
employers had about migrants and refugees
in the workplace. “Many employers now come
to me for help,” says Jude.
“One of my favourite stories was being
contacted by a local manufacturer who made
farm gates. He was frustrated at not being
able to find reliable staff. He approached me
and I evaluated the job to see what it entailed
so that I could find an appropriate match.
He was rather hesitant about employing
migrants and refugees because he had never
employed them before. I took an Eritrean
refugee out there who I had worked with and
who previously worked part-time for someone
who had little sensitivity towards refugees. He
proved a huge success and the employer has
hired a further two refugees who have proved
to be hardworking, reliable and productive.”
DAIRYING
The biggest barriers for migrant workers in New
Zealand are language, cultural differences, and
negative attitudes on both sides, Jude says.
“I think it is fear of the unknown with many
employers who have never had exposure to
employing a migrant. Once they realise what
they have to offer, it is quite different.”
Jude says placement of migrant workers needs
one-on-one case management and personal
attention, which is the basis of the Canterbury
Migrant Employment Project. “I think it is
absolutely essential that someone intensively
case manages migrant workers, because when
they arrive many often have no starting point
of where to go, where to get help. With cultural
differences many migrants have no concept of
writing their CVs, even letters of introduction,
covering letters or letters of application
that are appropriate for employers. It is also
important to discuss with skilled migrants
their overseas qualifications and their job
expectations, to ensure they apply
for appropriate positions.”
Conditions of work vary for many migrant
workers, many of whom take all the hours
of work they can get to either send money
home or to save to bring family members
to New Zealand. Jude says the minimum wage
paid to some migrant workers, particularly
refugees, makes it very hard for them to
meet all their expenses, as it is for all Kiwis
on minimum pay rates.
What could improve migrant and refugee
employment in New Zealand? Jude believes
there is a need for continuing promotion
among all communities, including employers,
of the value that migrants and refugees
can bring to workplaces. There is also a
need for immigration policy both to recognise
the chronic labour and skills shortage and
to make the process of getting work permits
easier for migrants and refugees who have
the ability to contribute to the workforce.

“When I started in this role, employing migrants and refugees

was a bit of an unknown and employers were hesitant.
But with the realities of the labour and skills shortage
and with the realisation that migrants and refugees can bring
value to the workplace, there has been a shift in attitudes.”

BAKERY MIGRANT PROJECT ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 33

34
Accounting

Migrants offer competitive advantage

Adding up the benefits

35
 Migrants offer competitive
advantage
E
mploying Korean staff has given
a small Christchurch accountancy
firm a competitive advantage.
Keith Yardley, owner of Keith Yardley
and Associates, says employing Korean
accountants has “not gone unnoticed in
other accounting offices around the town”.
A few other firms have spoken to him about
the advantages and subsequently one other
accounting firm in Christchurch has employed
a Korean graduate.
Keith began his Korean association about 15
years ago through Korean business associates in
the deer velvet industry. One of them suggested
that there was a need for Korean-speaking
accountants in Christchurch. Keith employed an
American-qualified Korean accountant who had
immigrated to New Zealand.
36 WORK AND INCOME OMEGA HOSPITALITY
Since then he has employed four Korean
accountants, and currently has three
in his staff of eight.
His current Korean staff are all New Zealand-
qualified and are working to become New
Zealand-accredited chartered accountants.
They deal mainly with Korean-based clients,
which has been a huge growth area and good
for the business. “This has grown far more
quickly than I originally thought,” says Keith.
“My Korean staff are good to work with,
have a tremendous work ethic, work very
hard and I enjoy that. They have brought
cultural variety to the place.”
The English language proficiency of his
Korean staff has improved significantly.
Keith’s advice to other employers thinking
of employing migrant staff is that “You must
be patient and accept the English language
proficiency side of things. This has been
a good experience for me.”
“I have an A+ graduate and find it amazing
that he didn’t find a job with one of the big
firms. I suspect he didn’t because his English
is not up to speed. Normally a firm of this
size wouldn’t have a dog’s show of employing
an A+ student. He is a very quick learner.”
DAIRYING
Adding up the benefits
P
aul Seo (left) and Caleb Lee are both
recent migrants to New Zealand.
Paul immigrated to Christchurch
seven years ago and comes to Keith Yardley
and Associates with 19 years’ experience
in the Korean banking industry.
Caleb has been in New Zealand for almost five
years and, like Paul, has investment banking
experience from Korea.
Since arriving in Christchurch both Paul and
Caleb have studied accountancy at Canterbury
University. In Korea, Paul graduated with an
MBA and Caleb with a degree in economics.
Currently Paul is doing a course to become
a chartered accountant in New Zealand. “It is
very good to have this experience of working
in Christchurch”, he says.
Both accountants are working with the Korean
business community. “We are working mainly
for Korean small business.
BAKERY MIGRANT PROJECT
Many are not very good with their English,
so we can act for them because we speak
Korean and English,” says Paul.
Paul found immediate work with Keith Yardley,
while Caleb’s experience finding work has been
different. Caleb says: “After graduating I applied
for many jobs and had many interviews, but they
were not successful. In my opinion, I didn’t get
jobs because of my English-speaking ability and
because I am older than the other applicants.”
Both employees say language proficiency is
the biggest drawback to working in New Zealand
but also provides the greatest opportunity.
“My biggest challenge working here has been
language. Listening has been very difficult
because New Zealanders talk very fast and
the tone is difficult to understand,” says Paul.
Caleb states: “The most difficult thing for
migrants is to gain New Zealand experience.
If one can get a first job then I think a second
job is very easy for them.”
Language has also been one of the most positive
experiences for Paul and Caleb. “Working here
has given me the chance to speak more English,”
says Paul.
“Lack of English ability is the reason for not
employing migrants, but most migrants are very
diligent. If employers were to employ migrants
I think they will work hard. Many employers
can give migrants the chance to work. Both they
and the migrants will be very happy,” says Caleb.
ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 37
38
Local Government

The business of migrant employment

Absolutely positively…

39
 The business of migrant employment

M
igrant employment is “smart Since the programme began at the end of
business,” says Wellington City 2005, the Council has supported 34 people.
Council chief executive, Garry Poole. Twenty-six have gained employment, including
16 at the Council. The rest are either still on
The Wellington City Council’s Migrant
the programme, are undertaking further study,
and Refugee Work Experience Programme
or, in two cases, have left New Zealand.
is in its third successful year in 2008,
and has resulted in 26 jobs to date. “We are proud of these results and have
been approached by organisations in both
The programme has “enhanced our
the public and private sector interested
organisation by creating a positive work
in what we achieved. The Council is committed
environment, given us greater community
to this programme and I believe more
engagement and allowed us to better
programmes like it can only be beneficial,”
understand and prepare for a more diverse
says the chief executive.
workforce in the future. To us this is smart
business,” says Garry. The programme’s coordinator, Amanda
Golding, (above) believes the success
Run in conjunction with Work and Income
of the programme is due largely to
New Zealand and the Ministry of Social
CEO and management support.
Development, the programme provides
work experience for migrants and refugees.

40 WORK AND INCOME OMEGA HOSPITALITY DAIRYING

“The Council is committed to this programme and
I believe more programmes like it can only be beneficial.”

Equally important is her role as a facilitator
between participants and managers. “Working
with the participants on the programme has
been the most rewarding experience. You must
have strong relationship management skills
and need to be up-front, not only with the
participants but also the managers.”
Because participants bring lots of personal
issues to the coordinator, it is essential that
the person in the role has strong support. At
the Wellington City Council the coordinator’s
role is located within the human resources
directorate, where technical knowledge
and support is on hand.
One of the Council’s participating managers,
Maria Archer, says that the programme
coordinator “has been extremely helpful and
has made life considerably easier. Any issues
are quickly sorted out because of the skills,
understanding and approachability of the
coordinator.” Maria’s team has readily embraced
three participants from the WCC programme
and she sees benefits for New Zealand
employees in developing understanding
of other cultures in the workplace.

BAKERY MIGRANT PROJECT ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 41

 Absolutely positively
F
ilipino, Reynaldo Grutas, a current
Wellington City Council programme
participant, has a general message
for New Zealand employers.
“New Zealand employers need to be more
open-minded when it comes to employing
migrants. Employers need to see the person’s
whole experience, not necessarily just make
judgements based on language skills only.”
Reynaldo, a trained outside plant engineer
with computer-aided design (CAD) skills,
worked in the telecommunications industry
in the Philippines.
He initially found a job at New World in Newtown.
He was trained in several different departments
of the store as a wine seller and then became
second in charge of the wine department and
the bakery. He then looked for employment that
better matched his previous skills.
42 WORK AND INCOME OMEGA HOSPITALITY
“Before I became a part of the Wellington City
Council programme I thought I’d do a short
computer course, because I wanted to get
a job that suited my professional background.”
Reynaldo is currently gaining work experience
in the infrastructure directorate. He has
responsibility for assisting maintain the
traffic road signs database, which allows
him to use his computer and technical skills.
“I think being in this programme and being
associated with the Council will help a lot in
establishing a career path in New Zealand.
It will give future employers a positive
impression that you have managed to
fit into an organisation like this.”
Violetta Plazewska, from Poland, relocated
with her husband to New Zealand in 2006.
Her decision to move was tinged with
apprehension. “My English is not very
good and I knew it wouldn’t be very easy
to find a job here,” she says.
Violetta’s work experience in Poland was as
an assistant to a Central and Eastern Europe
Sales Director and in customer services
working for American Express. She hoped her
customer service skills would be transferable
to a New Zealand setting.
After arriving in New Zealand, Violetta hoped
to improve her English by enrolling in a course.
After three months “they told me my English
was good and I didn’t need to learn anymore.
I didn’t believe it,” she says.
DAIRYING
Violetta (left) was told to consider volunteering
after completing her course. She found a job
with Save the Children and worked in the
marketing department. “I helped to organise
events, type and format documents and
organised correspondence to customers.
After a few months they hired me as the
Receptionist/Personal Assistant to the
Director.” She learned of the Wellington City
Council Migrant and Refugee Work Experience
Programme while working at Save the Children.
She applied and was accepted on the
programme, and is now employed by the
Newtown library. Chris Hay, Violetta’s manager,
says that he could recognise how Violetta’s
customer service skills would transfer to a
library setting.
At first she was apprehensive of working
in a library setting, because in Poland, she
says, the library “is a very boring place”.
Her Newtown experience has changed her
mind about libraries. “You meet customers
every day and most of them want to speak
with you. If they know that I don’t come from
New Zealand they always ask me where
I come from, why I am here and ask about
life in general in Poland,” she says.
Violetta’s employment has given the library a
better understanding of migrant employment
issues and employees. Her involvement has
given the whole team an insight into the
customer needs of a multicultural community
such as Newtown.
BAKERY MIGRANT PROJECT ACCOUNTING
There have been challenges for the team,
such as ensuring that Violetta has understood
everything that has been said at team
meetings. “I have to slow down and get
the message across and the team does
this as well,” Chris says.
Violetta is the second person Chris has
employed from the programme. The first
programme participant has become a
permanent member of the team.
“Some of the benefits of the programme are
that participants receive targeted support and
training as well as access to the same training
opportunities offered to other staff,” he says.
For Violetta, “the most important thing I
have gained from the programme is that I can
speak English everyday for eight hours and
this has been the best English school for me.
I have the same training opportunities as
other Wellington City Council employees.
I think this is a very good programme.”
“I think it’s not very hard to find a job in
New Zealand if your English is good. If you
have a good background and good English
you shouldn’t have a problem finding a job.”
Chris said he would encourage other New
Zealand employers to give migrants and
refugees a go. He has been “blown away
by the skills, experiences and work ethic
of new New Zealanders”.
LOCAL GOVERNMENT COMMUNICATIONS 43
 From left to right: Zara Chen, Lily Wang, Queenie Lin, Cindy Qin,
Louisa Yip, Slava Voronin, Nicky Riddiford, Freda Chen, Sergey
Vishnyakov, William Yang, Shaoqiang Cheng and Paul Yan.

44
Communications

“I was wondering whether…”

45
 “I was wondering whether…”
I
“ was wondering whether you might have the
time to have a meeting today” is a classic
slice of Kiwi workplace language. But what
would you make of it as a new migrant? Does
it mean that an employer is reflecting on the
meaning of life or making a specific request?
That’s the type of workplace communication
dilemma studied at Victoria University.
The Workplace Communication for Skilled
Migrants programme is a unique course
combining classroom study, workplace
internships and Rotary club volunteers to
assist skilled migrants into professional work.
The programme began in 2005 and aims
to develop appropriate communication skills
and improve cultural understanding of
New Zealand workplaces for skilled migrants.
A key component of the programme is to
give participants New Zealand workplace
experience through internships.
46 WORK AND INCOME OMEGA HOSPITALITY
The course runs for 12 weeks with 6 weeks
in class and 6 weeks on work placement.
Since the course began 62 participants
graduated and 11 students are currently
enrolled totalling 73 migrants. Well over
two–thirds (69%) of participants have gained
fulltime employment. “These are encouraging
figures”, says programme coordinator
Nicky Riddiford.
The threshold for participants being accepted
into the programme is high. They have to be
reasonably fluent in English, experienced in
their professions and hold an undergraduate
or higher degree. Participants often have
reasonable English fluency but they do not
have the communication skills to cope with
the demands of New Zealand workplaces.
In particular, some participants have difficulty
using English in a manner that is expected
in a professional or commercial environment.
DAIRYING

“Since the course began
62 participants graduated
and 11 students are currently
enrolled totalling 73 migrants.”
Nicky considers the internship component
of the programme to be critical. Internships
are organised with some formality, with
participants facing an interview panel before
being accepted. Each participant is assigned
a workplace consultant to support them and
accompany them to interviews. Over half of
the internships have been in the public sector
and the rest in the private sector. Employers
supporting the programme indicate their
desire to contribute to community outcomes
and many realise the benefits of having
a more diverse workforce.
BAKERY MIGRANT PROJECT
The in-class programme focuses on
professional English, both written and oral
and differs from other English courses in that
there is a particular focus on the “pragmatics”
of workplace English. The course nicely
connects teaching and research by drawing
on analysis of authentic English interactions
in the workplace from the “Language in the
Workplace Project” led by Victoria University’s
Professor Janet Holmes. Topics covered include
small talk and greetings, communicative
strategies, slang and idiom, body language,
business communications, oral presentations
and the language of job interviews.
The Rotary Club of Wellington has been
in partnership with the programme since
the first intake in 2005 and in Nicky’s view
“this has been hugely beneficial to the
success of the programme.”
The Race Relations Commissioner Joris
de Bres acknowledged the Skilled Migrants
Programme for its contribution to race
relations in New Zealand in 2006.
Nicky has found her involvement in the
programme to be personally rewarding.
“My own learning has been huge”, she says.
She has developed a greater understanding
of how New Zealanders communicate and
of a range of employment-related matters
for migrants.
ACCOUNTING LOCAL GOVERNMENT COMMUNICATIONS 47
 Useful information

Pre-employment guidelines

Some useful websites

48
Pre-employment guidelines
Introduction
Work is a strategic entry point to a society
free of discrimination. A key objective of the
Human Rights Act 1993 is to protect people
eligible to work in New Zealand from being
discriminated against in their working lives.
A large number of enquiries and complaints
to the Human Rights Commission concern
pre-employment issues such as job
advertising, job applications and interviews
and job selection processes.
Pre-employment processes generally go well
when employers focus on the skills, experience
and competencies required for the job.
Employers can then attract and select the best
person for the job against objective criteria.
They can go wrong when applicants perceive
they have been treated differently because of,
for example, their sex, race, ethnic background,
age, disability or sexual orientation.
The A to Z Guidelines for employers and
employees about pre-employment were
compiled from frequently asked questions and
enquiries and complaints made to the Human
Rights Commission. The Guidelines have been
compiled to help employers, recruiters and
job-seekers comply with the Human Rights
Act 1993 (the Act).
The following extracts from the A to Z are
relevant to migrant pre-employment issues
and are reproduced here.
Appearance
Should I take out my body piercings
for the job interview?
If a body piercing is an aspect of religion
or ethnicity, the Act may provide protection
against discrimination. For example, for
females from South Asia a nose stud may
be part of religious belief or ethnicity.
Body piercings other than those associated
with religion or ethnicity are not protected
by the legislation. For example, an employer
can probably ask an employee, while at
work, to remove a tongue stud worn for
decorative purposes.
Behaviour-based questions
What type of questions can I expect
during a job interview?
A job applicant could be asked what are
called behaviour-based questions during
a job interview, particularly by government
agencies. Such questions are asked to explore
the use of a particular skill or competency or
to check out reactions to a specific situation.
Behaviour-based questions often start with
a question like, “tell me about a time when…”
The job applicant is expected to talk about
particular situations requiring the application
of skills or competencies, such as involvement
in teamwork or use of communication skills.
49
 The job applicant should describe what
happened, what they did and what the
outcomes were. It is important for all job
applicants to think about the interview in
advance and what skills and experience the
employer is looking for. Interview preparation
could include examples that a job applicant
can talk about. For more information on
behavioural interviewing see:
http://web.mit.edu/career/www/guide/star.html
Migrants and refugees may find behaviour-
based questions a novelty and a challenge
because they may not be used in their
countries of origin. Employers could consider
basing behaviour-based questions on the CVs
of all applicants or on common work-based
scenarios that can be put to all candidates.
See also Interview
Discrimination
What is discrimination?
Discrimination is not defined in the Human
Rights Act. The Act simply makes it unlawful
to treat anyone differently, subject to certain
exceptions, on any of the grounds listed in s.
21(1) of the Act.
50
The Commission will accept a complaint if:
• there is evidence that a person has been
treated differently
• the different treatment can be attributed to
one of the grounds of unlawful discrimination
• the treatment results in disadvantage.
If you have any questions about discrimination
please contact The Human Rights Commission
on 0800 496 877 or by email infoline@hrc.co.nz
Dress code
Can an employer ask me to comply with a
particular dress code, such as how to arrange
my hair or what I must wear at work?
Yes, you may have to comply, as an employer
may have policies, for example, a health and
safety policy that requires the wearing of a
uniform or a dress code, or a policy relating to
appearance and grooming that may require a
change of appearance or hairstyle. However, the
Act may protect against discrimination where
appearance or hairstyle is an aspect of religion
or ethnicity. For example, an employee who is a
Sikh and wears a turban will not have to remove
it unless wearing the turban would breach
health and safety requirements.
Appearance or hairstyle that is not an aspect of
religion or ethnicity is not protected by the Act.
Entitlement to work in New Zealand
Can an employer ask me if I am entitled
to work in New Zealand?
Yes, it is unlawful for employers to take on
employees who are not entitled to work in
New Zealand. Therefore either in the job
interview or on the application form all
applicants should be asked whether they are
entitled to work here, though not about their
country of origin. The job applicant’s answer
should confirm that the applicant is a New
Zealand citizen, or a permanent resident,
or has a current work permit.
What evidence of entitlement to work
in New Zealand can an employer require
a job applicant to produce?
Employers should seek evidence of entitlement
to work in New Zealand before making an offer
of employment. Employers may, but need not,
ask for documentation such as passports,
birth certificates, citizenship certificates, or
residence permits, or Australian residence
return visas.
New Zealand citizens (including people from
the Cook Islands, Niue, and Tokelau) and
Australian citizens do not need a permit to
work in New Zealand and nor do residents
of New Zealand and Australia.
A New Zealand passport, birth certificate,
citizenship certificate or residence permit
shows that a job applicant is entitled to work
in New Zealand. An Australian passport,
Australian permanent residence visa or
Australian resident return visa is also proof
of entitlement to work in New Zealand.
The passports of job applicants not from
New Zealand, the Cook Islands, Niue, Tokelau
or Australia will need to have either a New
Zealand residence permit or work permit label
or stamp to provide proof of entitlement
to work in New Zealand.
The Department of Labour is able to provide
detailed information about entitlement to work
in New Zealand. Telephone 0508 55 88 55;
or visit the Department’s website
www.immigration.govt.nz
Ethnicity or national origins
Is an employer able to interview only
applicants from a particular ethnicity
or national background on the basis that
a majority of customers are from that
ethnicity or national background?
No, in most circumstances to interview only
applicants from a particular ethnicity or
national background because of the customers’
preferences will breach the Act. However, an
employer can consider an applicant’s ethnic
51
 or national origins if the job is that of a
counsellor on highly personal matters such as
sexual matters or the prevention of violence.
Equality
Can an employer attempt to create a
“level playing field” by advertising for
–
a young person, or a Maori, or a Pacific
person or a female?
The Act allows employment initiatives to
assist people against whom discrimination
is unlawful and who need assistance in order
to achieve an equal place with other members
of the community. This is known as positive
discrimination or affirmative action or special
measures. The Human Rights Commission has
published a 4 page pamphlet Guidelines on
Measures to Ensure Equality; the Guidelines
can be downloaded from:
http://www.hrc.co.nz/hrc_new/hrc/cms/files/
documents/18-Mar-2007_18-54-53_Special_
Measures_A4_Final_PDF.pdf
A copy of the Guidelines can also be obtained
from the Commission by telephoning
0800 496 877 or by sending an email
to infoline@hrc.co.nz
Interview
Is an employer required to have a gender and/
or ethnicity balance on an interview panel?
52
No, there is nothing in the Act requiring
a gender and/or an ethnicity balance on
an interview panel. However, it is desirable
for medium- to large-size firms to achieve
a gender and/or an ethnicity balance on
interview panels to ensure job applicants
of either sex and of different ethnicities
are not overlooked. Having such a balance is
likely to reduce the effects of any stereotypes.
Migrants
What are my rights as a migrant
to access work?
Migrants have the same rights in relation to
pre-employment and employment as others in
New Zealand. The Human Rights Commission
has the statutory functions of leading equal
employment opportunities and encouraging
the development of harmonious relations
between individuals and the diverse groups
in New Zealand society. Decent employment
is widely regarded as a critical element in the
social and economic integration of migrants
and refugees.
Unfortunately, barriers accessing suitable
work mean many migrants experience delays
in getting jobs or are under-employed in
jobs that do not make best use of their
qualifications and experience. Migrants
suffer prejudice, fear of difference and
inter-cultural misunderstandings and often
have language difficulties. Recent research
shows the more similar migrants are in looks,
language and European heritage to New
Zealanders the more successful they are in
securing employment. Another study shows
discrimination in job short-listing against those
with non-Anglo-Saxon names.
Migrants who believe they have been
discriminated against in pre-employment,
such as in short-listing or in the interview
process, should contact the Human Rights
Commission on 0800 496 877 or by email
infoline@hrc.co.nz.
See also Xenophobia
How can employers attract job applications
from migrants?
Employers wanting to increase staff diversity
need to audit their recruitment and selection
processes to ensure they are not indirectly
filtering out applications from migrants. For
example, how a job is advertised, including
whether it concentrates on core competencies
or irrelevant characteristics, can either
encourage or dissuade migrant applications.
Where and how the position is advertised, the
style, tone and tenor of the advertisement
and whether it uses EEO statements and
shows commitment to diversity are important.
Overseas research shows that selection panels
that include minority members improve the
success rate for migrants. Interviewers who
have been trained to avoid “like me” bias also
increase the chances of successful migrant
employment. Training is important for all
members of selection panels.
Qualifications
What qualifications should an employer
ask for?
Every job has competencies that successful
applicants need to perform to a reasonable
standard. In some cases a specific qualification
such as a relevant specialist degree or a
technical or trades qualification is essential.
For some occupations the existence of formal
qualifications, such as a medical degree for
doctors is part of professional accreditation.
In other cases qualifications may not be
essential to the job. Employers should ensure
that in job advertising, short-listing for
interviews and the interview process, that
the qualifications they are seeking are both
necessary and relevant for the job.
Applicants need to maximise in their CVs
and job applications the connections between
their experience and the skills required for
the job. For example, volunteer or unpaid work
may involve skills such as time management,
budgeting, administration and relationship
management that are transferable and
relevant to a paid job.
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 Race
Can I be asked to complete a job application
form that asks me to indicate my race?
No, discrimination on the basis of race is
prohibited by the Act. Employers should avoid
asking questions or seeking information about
the race, colour, ethnic or national origins
of job applicants unless they are collecting
anonymous statistical data for EEO reporting
or for profiling who responds to their job
applications. If an employer is collecting data
for such purposes it should ideally be collected
on a form that is separate from the job
application form.
Reasonable accommodation
What is reasonable accommodation and
what does it require of an employer?
Reasonable accommodation is not
straightforward, either as a concept or
how it is dealt with in the Act. Reasonable
accommodation is used to describe the
creation of an environment that is intended
to ensure equality of opportunity to meet:
• the particular practices of an employee’s
religious or ethical beliefs; or
• the employee’s needs in relation to
a disability; or
• the employee’s needs in relation
to family commitments.
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Reasonable accommodation can entail
modifications or adjustments which will, for
example, allow a job applicant with a disability
to participate more equally in a workplace.
It can involve physical adjustments, such as
ensuring access to a building; or modifying
the way a job is done, for example, allocating
aspects of the job to another employee.
The Act creates a clear obligation in relation
to meeting the particular practices of an
employee’s religious or ethical beliefs.
An employer is obliged to reasonably
accommodate an employee’s religious beliefs
provided that does not unreasonably disrupt
the employer’s activities.
The Act does not require changes that would
unreasonably disrupt an employer’s activities.
The Act provides a number of defences but
before an employer can rely upon them the
employer needs to genuinely consider whether
the job could be adjusted by assigning those
aspects of it that the job applicant is unable
to do. There is no case law in New Zealand
on what is an unreasonable disruption. It is,
however, likely that what is reasonable will
depend on the circumstances, taking into
account factors such as:
• health and safety;
• cost (in relation to the size of an employer’s
business); and
• the activities or business of the organisation.
Does reasonable accommodation mean
an employer has to spend money
adapting equipment or the workplace?
The short answer is ‘no’. However, as
many adjustments are minor and involve
minimal outlay, in the interests of equal
employment opportunities and in attracting
quality candidates, employers should try
to accommodate a job applicant’s needs.
Recruitment consultants
Can an employer ask a recruitment
consultant to ensure that the only
job applicants who are short listed
are from a particular group for example
young or Pakeha?
No. In the publication Tools for Tapping into
Talent: a Recruitment Training Resource
http://www.eeotrust.org.nz/toolkits/talent.cfm
the Equal Employment Opportunities Trust
and the Recruitment and Consulting Services
Association noted that many recruitment
consultants have been compromised or
embarrassed either by managers who require
them to behave illegally, unfairly or unethically,
or by their clients’ discriminatory briefs. In
such situations the Act applies equally to the
recruitment consultant and to the employer.
Religious belief
Can an employer ask job applicants if there
is anything to prevent them working on
Friday, Saturday or Sunday?
An employer should avoid asking questions
about a job applicant’s religious beliefs or
the lack of a religious belief, church activities
or participation in religious practices.
If an employer has a concern about a job
applicant’s availability to work on religious
holidays, the schedule of work could be
explained and the applicant asked whether
this causes any difficulties. For example, if an
applicant’s religion does not allow work on
Saturdays, and that applicant’s shifts can be
adjusted to accommodate this, the employer
must do so, as long as this adjustment would
not be unreasonably disruptive.
Can I ask an employer to provide me with
a place for prayer at my workplace?
Where a religious belief requires its believers
to follow a particular practice, an employer
must accommodate the practice so long as any
resulting adjustment does not unreasonably
disrupt the employer’s activities. With
particular workplaces it may be possible
to provide a room or other designated place
at the required times.
See also Reasonable accommodation
55
 Speaking English Can an employer refuse to employ
me because I don’t speak English
If an employer needs someone who speaks
with a New Zealand accent?
English fluently, what wording can be used
in the advertisement? No, provided the job applicant can be clearly
understood. A New Zealand accent is unlikely
The advertisement could read that the job
to be considered a genuine occupational
requires the successful applicant to have
qualification except in rare circumstances.
spoken English at a specified level. An
employer could indicate in the advertisement In November 2007 an Employment Tribunal
that short-listed candidates would undergo in the United Kingdom found that an Indian-
an oral competency test. This would provide born British man who worked in a call centre
an objective measure of oral competency. had been discriminated against when he
Only a few jobs will require this level of was dismissed because his accent “wasn’t
fluency and oral presentation skills. English enough.”
See also Migrants
Xenophobia
Can an employer specify that I have
to have “New Zealand experience”?
No, unless an employer can objectively justify
that it is essential for the job. Otherwise
the requirement for New Zealand experience
may well amount to indirect discrimination.

Disclaimer
While we have tried to make this educational information as accurate as possible, it is not
exhaustive and should not be regarded as legal advice. Please contact a lawyer for specific
legal advice. You are also welcome to contact the Commission for further information:
telephone 0800 496 877 (toll free) or email infoline@hrc.co.nz.

56
Some useful websites
Human Rights Commission
http://www.hrc.co.nz and
http://www.neon.org.nz
Business New Zealand
http://www.businessnz.org.nz/contactus
Employers and Manufacturers Association
http://www.ema.co.nz
Canterbury Employers’ Chamber of
Commerce http://www.cecc.org.nz/main/
skilled_migrants_and_refugees/
Department of Labour
http://www.dol.govt.nz/
Equal Employment Opportunities Trust
www.eeotrust.org.nz/index.cfm
The New Zealand Council of Trade Unions
http://union.org.nz/
The Community Law Centre
http://www.communitylaw.org.nz/
Citizens’ Advice Bureaux
http://www.cab.org.nz/contact/
indexdirection.html
Omega (Opportunities for Migrant
Employment in Greater Auckland)
http://www.omega.org.nz
Auckland Regional Migrant Services (ARMS)
http://www.arms-mrc.org.nz
Department of Immigration
http://www.immigration.govt.nz/community/
stream/employ/
The Office of Ethnic Affairs
http://www.ethnicaffairs.govt.nz/
oeawebsite.nsf
Seasonal work NZ
http://www.seasonalwork.co.nz/index.bsp
Grow Wellington migrant job
http://migrants.growwellington.co.nz/mainsite/
MigrantJobs.html
Christchurch City Council migrant
http://www.ccc.govt.nz/Christchurch/Migrants/
FindingWork/
New Zealand Diversity Action Programme
http://www.decisionmaker.co.nz/directories/
diversity/Govdiv.html
ESOL Home Tutors website job mentoring
service: http://www.esolht.org.nz/centres/
Wellington/Wellington.html
Wellington City Council migrant employment
http://www.wellington.govt.nz/move/
employment/job/help.html
Victoria University Workplace
Communication for Skilled Migrants
http://www.victoria.ac.nz/lals/programmes/
english-prof/workplace-communication.aspx
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www.neon.org.nz